View Other Items in this Archive | View All Archives | Printable Version

TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
VARIANCE

IN THE MATTER OF:

Owner/Applicant: Joseph and Abigail Theis
22 Free Street
Hingham, MA 02043

Premises: 22 Free Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 43495, Page 104

Plan References: Site Plan entitled “Proposed Garage Site Plan,” prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA, dated July 25, 2016; and an architectural plan set, entitled, "Theis Residence," including floor (A-1) and elevation plans (A-2), prepared by Aprea Design, Hingham, MA, dated February 8, 2016

SUMMARY OF PROCEEDINGS:

This matter came before the Board of Appeals (the “Board”) on the application of Joseph and Abigail Theis (collectively, the “Applicant”) for a Variance from § IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a (19’x 28’) single car garage with storage space above located 8.2’ from the easterly side property line where a 15’ side yard setback is required at 22 Free Street in Residence District A.

A public hearing was duly noticed and held on August 17, 2016, at the Town Hall, 210 Central Street. The Board of Appeals panel consisted of regular members Joseph W. Freeman, Chairman, and Robyn S. Maguire, and associate member Michael Mercurio. The Applicant was represented by Attorney Jeffery A. Tocchio, Esq. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the side yard setback requirement under § IV-A of the By-Law, subject to the conditions contained herein.

Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.
BACKGROUND

The subject property contains approximately 26,777 SF of land located on the north side of Free Street and adjacent to the South Shore Baptist Church. The property was previously improved by a single-family dwelling (ca. 1937) and a small shed. The lot shape is narrow with a depth close to three times its width and tapers slightly from front to back with 96.65 linear feet of frontage and 89.68 linear feet at the rear. An existing cesspool tank and leaching system occupies the center of the lot behind the house. Exposed ledge affects the far rear portion of the lot.

The proposed plan would locate a 19'x28' garage approximately 8' from the easterly side property line and attached by way of a covered walkway to the rear of the dwelling. The project would result in an incursion of 178 SF within the required side yard setback. The proposed garage was designed to align with the existing driveway. Drainage improvements will be made in conjunction with the proposed construction.

The Board received a letter of support for the proposed project from the owners of the abutting property at 28 Free Street.

FINDINGS

Based upon the information submitted and received at the hearing, the Board has determined that:

1. Circumstances related to soil, shape, or topography especially affect the land or structures in question: The lot shape is narrow with a depth close to three times its width and tapers slightly from front to back with 96.65 linear feet of frontage and 89.68 linear feet at the rear. An existing cesspool tank and leaching system occupies the center of the lot behind the house. Exposed ledge affects the far rear portion of the lot. These circumstances in combination do not generally affect the neighborhood.

2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. The lot shape and location of the existing dwelling in relation to the existing improvements on the lot present significant difficulties and financial hardship with locating a garage elsewhere on the property. Absent relief, the Applicant would either be required to relocate the existing wastewater disposal system or be required to locate the garage a significant distance from the dwelling, which would limit its functionality.

3. A Variance may be granted without substantial detriment to the public good. The proposed project would be consistent in design with others in the neighborhood and will not generate noise, traffic, or other negative impacts. There will be no adverse effects and there will be no harm to the public good resulting from the proposed accessory structure.

4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. Relief will permit construction of a garage, which is an allowed accessory structure in residential districts. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.

DECISION

Upon a motion made by Michael Mercurio and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the requested Variance from § IV-A of the By-Law allowing construction of a (19’x 28’) single car garage with storage space above located 8.2’ from the easterly side property line where a 15’ side yard setback is required at 22 Free Street in Residence District A, subject to the following conditions:
1. The rights authorized by this Variance shall expire one year from the date this Decision is filed with the Town Clerk, unless exercised or extended in accordance with the terms of M.G.L. c. 40A, § 10.
2. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.

This Decision shall not become effective until (i) the Town Clerk has certified on a copy of this decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii) a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.

For the Town of Hingham
Board of Appeals,


________________________________
Joseph W. Freeman
October 25, 2016